1.1 In these conditions:
"Seller" means Fraser's Autographs, a trading division of Stanley Gibbons
Limited (which includes any of its subsidiary companies) "Buyer" means the person who buys or agrees to buy the Goods from the
"Goods" means the autograph, signed item, item of memorabilia, publication, accessory or any other product which the seller is to supply in accordance with these Conditions
"Conditions" means the standard terms and conditions of sale set out in this document
"Contract" means the contract for the purchase and sale of the Goods "Seller's premises" means any outlet of the Seller
"Writing" includes telex, cable, facsimile transmission, electronic mail and comparable means of communication
1.2 In these Conditions words denoting the singular shall include the plural and
vice versa and the male gender shall include the female and vice versa.
2. Basis of Sale
2.1 The Contract is made when the Goods are delivered to the Buyer or to the buyer's order.
2.2 All Goods are sold on the firm sale basis only and orders submitted on a sale or return basis will not be accepted. Goods may be offered "on approval" to certain known clients at the discretion of the Seller and will be subject to additional conditions.
2.3 These Conditions shall govern the contract to the exclusion of any other terms and conditions which the Buyer may purport to apply under any document whatsoever.
2.4 Any variation to these Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information by the Seller shall be subject to correction without any liability on the part of the Seller.
3. Orders and Specifications
3.1 All orders are accepted at the Seller's discretion and are subject to availability of the Goods.
3.2 The buyer shall be responsible to the Seller for ensuring the accuracy of any order submitted by the Buyer.
3.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages and expenses incurred by the Seller as a result of cancellation.
3.4 The Seller may alter or withdraw without notice any of the Goods specified in the Seller's literature or advertisements.
4.1 The Seller sells such of the Goods as are autographs, signed items or memorabilia on the basis that the Goods are genuine originals and if such Goods are proved not to fit the description as represented by the Seller the Goods can be returned and the original purchase price refunded and that shall be the limit of the Seller's liability.
5. Price of the Goods
5.1 The price of the Goods shall be the Seller's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller's published price list current at the date of the contract.
5.2 The Seller may alter prices without giving notice to the Buyer and the price due shall be at the rate ruling at the date of the contract.
5.3 Unless otherwise stated prices are inclusive of any applicable Value Added Tax which the Buyer shall be liable to pay to the Seller.
6. Terms of Payment
6.1 Payment is due on receipt of the order unless otherwise agreed in writing.
6.2 Payment shall be made in pounds sterling. However, if payment is drawn on an
overseas bank any charges incurred in clearing funds shall be payable by the
6.3 (i) The Seller may permit the Buyer to operate a credit account on receipt of satisfactory credit references, including one from a bank. The cost of obtaining references will be chargeable to the Buyer.
(ii) Where the Seller agrees to the Buyer operating a credit account payment
of the price shall be due within 30 days of the date of the invoice.
6.4 The Seller reserves the right to charge for any credit card commission payable. 6.5 The costs of collection of delinquent accounts including legal fees and
disbursements are chargeable to the Buyer in default of the credit terms.
A defaulting Buyer shall permit representatives of the Seller to enter their premises at any time to recover Goods for which payment has not been made. Persistent default of credit terms will result in the withdrawal of the credit facilities.
6.6 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to charge the Buyer interest at the rate of 3% above base rate of National Westminster Bank plc per month as from such date due.
7. Retention of Title
7.1 The Seller shall retain title and ownership in all Goods supplied (whether under a current acceptance for Goods or a past acceptance) until payment in full has been made.
7.2 Until payment in full for Goods supplied by the Seller has been made the Buyer shall be and shall remain the agent for the Seller and accordingly the Buyer shall hold the proceeds of any sale of the Goods by the Buyer as agent for the Seller.
7.3 In the event of the Buyer selling any of the Goods prior to such payment in full then the Buyer shall:
(i) keep any proceeds of such sale in the separate account from that in which the proceeds of the sale of its other goods are kept; and
(ii) hold those proceeds of sale in trust for the Seller until such time as
payment in full for all the Goods supplied is made.
7.4 In the event of a receiver and manager or administrative receiver being appointed to any of the undertaking property or assets of the Buyer or of its commencing winding up (if a company) or (if an individual) becomes bankrupt or compounds with his creditors generally the Seller shall forthwith thereupon be entitled to exercise its rights hereby reserved by recovering the Goods in question of the proceeds of sale held in trust without further notice or demand.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other rights or remedy of the Seller) forthwith become due and payable.
8.1 All goods delivered must be examined for damage or defect in their quality or for any shortage or shortfall and such damage, defects or shortage must be reported to the Seller in writing within 7 days of receipt by the Buyer otherwise the Goods cannot be rejected.
9.1 The risk of damage to or loss of the Goods shall pass to the Buyer (i) when the buyer collects the Goods from the Seller's premises; or (ii) when the Goods are delivered to the Buyer's address or to the Buyer's order.
10.1 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control.
11.1 Where the Goods in question comprise publication or other artistic or pictorial representation form any copyright or other intellectual property rights therein at the date of the Contract are reserved by the Seller. No part of such publication or other artistic or pictorial representation shall without the Seller's prior written consent be reproduced, sold or otherwise disposed of.
12.1 These Conditions shall be governed by the law of England and Wales to the jurisdiction of whose courts the parties agree to submit.
12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been pursuant to the provision to the party giving the notice.
12.3 Any provision of the Contract which is or may be void or unenforceable shall be the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this Contract.
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